Orissa High Court
CMP/1035/2016 of ISWAR GIRI@ISWAR CH.GIRI Vs DEBABRATA GIRI on 29 July 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1035 of 2016 Sri Iswar Giri & Iswar Ch. Giri and 7 Others … Petitioners Ms. P.S. Mohanty, Advocate on behalf of Mr. J. Pradhan, Advocate -versus- Debabrata Giri and 7 Others … Opp. Parties Mr. A . Mohanty, Advocate (For O.Ps.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1035 of 2016
Sri Iswar Giri & Iswar Ch. Giri and 7
Others
…
Petitioners
Ms. P.S. Mohanty, Advocate
on behalf of Mr. J. Pradhan, Advocate
-versus-
Debabrata Giri and 7 Others
… Opp. Parties
Mr. A. Mohanty, Advocate
(For O.Ps. No.1 to 4)
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
29.07.2026
06. (Through hybrid Mode)
1. The CMP has been filed challenging the order dated 05.02.2016 passed by the learned Civil Judge (Junior Division), Jaleswar in Civil Suit No. 35 of 2014 rejecting the petition under Order 1 Rule 10 of the CPC.
2. Notice in the matter had been issued on 08.08.2016 and in Misc. Case No. 1045 of 2016, further proceedings in C.S. No. 35 of 2014 pending in the Court of the learned Civil Judge (Junior Division), Jaleswar had been stayed by this Court.
3. Ms. P.S. Mohanty, learned counsel appearing on behalf of Mr. J. Pradhan, learned counsel for the Petitioners submits that in the meanwhile the suit has been disposed of. She files a memo signed by Mr. J. Pradhan, learned counsel for the puspa Petitioners stating that the learned counsel for the Petitioners has no instructions from the Petitioners. The said memo is taken on record.
4. Mr. A. Mohanty, learned counsel appearing on behalf of Opposite Parties No.1 to 4 submits that he has no instructions whether the suit is still pending.
5. In view of the memo filed by the learned counsel for the Petitioners, the CMP is dismissed.
6. Interim order stands vacated.
(Savitri Ratho)
Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 29-Jul-2026 18:31:36 Signature Not Verified